DRAFT_Compensation_Schedule.pdf

RFP 324053 Professional Services Agreement Rev. 10/24 Compensation Schedule

ATTACHMENT G – DRAFT COMPENSATION SCHEDULE

a. CxP fees for Services will be compensated by COUNTY in accordance with the Terms and

Conditions of this Agreement as follows:

i. COUNTY will pay the CxP a lump sum fee of $[ ].

1. If COUNTY reduces scope after CxP has completed services, fees will be reduced for future services, not for services already completed.

2. The CxP fee for professional services shall be in accordance with the terms of this Agreement and based on the scope of services contained in the Request for Proposals, dated January 14, 2025, including any subsequent Addenda.

3. The CxP is authorized to proceed through completion of the Construction Documents Phase. The CxP Fee is limited to $[ ], until written instructions to proceed are provided by COUNTY.

4. The Construction Budget estimate for this project is $[ ]. This amount excludes all professional services, related fees, FF&E costs, contingency costs and unless stated otherwise in this Agreement, hazardous materials abatement or remediation.

ii. No change in fee shall result from change orders to construction contracts unless such change is described as an Additional Service and approved by COUNTY.

b. The CxP's Compensation for Additional Services will be computed as follows:

i. Principals' time at a fixed rate of $[ ] per hour, unless separate amounts are provided for each Principal. For the purposes of this Agreement, the Principals are:

ii. Other design staff shall be billed at these fixed rates:

Senior design architect / engineer: $[ ] per hour

Junior design architect / engineer: $[ ] per hour

Senior designer: $[ ] per hour

Junior designer: $[ ] per hour

Clerical: $[ ] per hour

iii. Employee's time shall be computed using the employee's basic hourly salary and include overhead costs for clerical support and mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits for persons in consultation, research and design in producing drawings, specifications and other documents pertaining to the Project and for services during construction at the site.

c. Reimbursable Expenses:

i. Reimbursable Expenses are actual, incidental expenses incurred by the CxP, its employees or consultants, in the interest of the Project and are not included in overhead costs for the Fees for Basic Services and Additional Services. Reimbursable Expenses shall be incurred or contracted for only with prior written approval from COUNTY.

Such approval shall be based on a written proposal delineating the nature of the services, the time involved, the estimated cost thereof, and the individuals or firms involved. Payment Requests from consultants and construction contractors providing these Reimbursable Expenses shall be reviewed by the CxP to check the accuracy of and entitlement to the sums requested. There are no markups allowed for Reimbursable Expenses. Reimbursable Expenses may include, but are not limited to, the following incidental expenses:

1. Expense of reproduction of drawings and specifications, excluding the review sets required in [PSA Attachment #].

2. Expense of State and / or City review fees when required.

ii. Expenses not eligible for reimbursement shall include, but are not limited to, indirect project overhead costs associated with the Fees for Basic Services and Additional Services such as mileage, travel, lodging, replication of drawings for the design development meetings and subsequent design meetings, preliminary and final review document printing, handling and postage, cost of correspondence transmittals, telephone expenses, and CAD / electronic graphic services. Such expenses shall be included as part of the Lump Sum fee.

d. Additional Services:

i. The following services are in addition to but are not covered in Scopes of Services.

Compensation for these additional services or other services must be requested by the CxP, and subsequently approved by COUNTY prior to proceeding with the work. If the additional services are requested after the Agreement has been issued, such authorization shall be based on a written proposal delineating the nature of the services, the time involved, the estimated cost thereof, the effect on the Project schedule and the individuals or firms involved. When authorized, an Agreement Change Order will be used to modify the CxP’s Agreement.

1. Providing services as expert witness in connection with any public hearings, arbitration proceeding, or the proceedings of a court of record except when the CxP is party thereto.

2. Providing historical preservation research or documentation.

e. Payments to the CxP:

i. Payments of the CxP's lump sum will be made monthly, in proportion to services performed as confirmed by COUNTY, to increase the compensation to the following percentages of the lump sum and / or percentage of Construction Budget fee at the completion of each phase of the work.

Design Development 10% Construction Documents & Bidding 30% Construction & Commissioning 90% Post-Construction 100%

ii. No more than ninety percent (90%) of the CxP’s lump sum fee shall be paid out prior to substantial completion of the Project. When COUNTY confirms that development of punch lists, review of Operating & Maintenance Manuals, submittal of record documents, has been satisfactorily completed by the CxP, COUNTY will determine how and when the remaining lump sum fee is disbursed.

iii. Payments for COUNTY-approved Reimbursable Expenses. and Additional Services of the CxP, will be made monthly upon request.

iv. A CxP whose work is found deficient or fails to conform to the requirements set forth in the Agreement, is not entitled to further payments, until corrected to the satisfaction of COUNTY.

1. Payments to the CxP may be withheld for damages sustained by COUNTY due to error, omission, unauthorized changes or negligence on the part of the CxP. COUNTY will notify the CxP in writing of the alleged, specific damages and amounts involved, on a timely basis.

v. Payments to the CxP will not be withheld due to disputes between construction contractor(s) and COUNTY.

vi. If the Project is suspended for more than three (3) months in whole or in part, the CxP will be paid fees for services performed prior to receipt of written notice from COUNTY of the suspension, together with Reimbursable Expenses then due and reasonable expenses resulting from this suspension, as approved by COUNTY. If the Project is resumed after being suspended for more than three (3) months, the CxP's compensation will be subject to renegotiation.